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Thorsen v. Sachs Electric Co.8/14/2001
Appeal From: Labor and Industrial Relations Commission
Opinion Vote: AFFIRMED.
Smith, P.J., and Smart, J., concur.
Opinion:
Employer Sachs Electric Company ("Sachs") appeals from the decision of the Labor and Industrial Relations Commission ("the Commission") awarding workers' compensation benefits to its employee Richard Thorsen for an arm injury.
Sachs brings three points on appeal. First, it alleges that the Commission erred in finding a causal connection between Mr. Thorsen's injury and an accident that occurred on September 27, 1994. Second, it alleges that the Commission erred in awarding temporary total disability benefits ("TTD") to Mr. Thorsen. Third, it argues that the trial court lacked jurisdiction under section 287.140 to award Mr. Thorsen medical expenses incurred at Trinity Lutheran Hospital.
We affirm.
Background
In 1994, appellant Sachs employed Mr. Thorsen as a journeyman wireman electrician. On September 27, 1994, he was working at the Associated Electric Power Plant north of Moberly, Missouri. He was standing on a flatbed truck, which was missing several boards from its deck, helping to guide large light pole sections ("standards") onto the trailer. In an attempt to avoid one standard that was being loaded onto the trailer, he tried to jump over another standard. In doing so, his left leg went through a hole in the floor of the trailer. As he fell, he grabbed for a standard to catch himself. He experienced immediate pain from a scrape he sustained to his left thigh and a bump to his knee, but he continued working. By 4:30 p.m., while attending a union meeting, Mr. Thorsen noticed that his left arm was swollen from the wrist up past the elbow and was turning black and blue. He reported this to his foreman, who directed him to go to the hospital the next morning.
Mr. Thorsen reported to the Moberly Regional Medical Center emergency room ("Moberly ER") the next day. After an x-ray returned negative for a possible fracture to the left elbow, the doctor diagnosed an injury to Mr. Thorsen's left arm and prescribed anti-inflammatory medication and an ice and heat regimen. Mr. Thorsen returned to work on light duty.
On October 31, 1994, Mr. Thorsen returned to the Moberly ER. There, Dr. Fennel recorded Mr. Thorsen's history, which included an explanation of Mr. Thorsen's accident and resulting arm injury on September 27, 1994. Dr. Fennel also noted that Mr. Thorsen reported to him that "several days [earlier], [Mr. Thorsen] caught himself on a ladder that he was sliding down with his arm and it pulled causing a lot of pain and a lot of discomfort." Dr. Fennel diagnosed a "probable partial muscle tear" to the left arm and took Mr. Thorsen off of work until he could see Dr. Turnbaugh, an orthopaedic surgeon.
On November 2, 1994, Mr. Thorsen had his first appointment with Dr. Turnbaugh. Dr. Turnbaugh prescribed physical therapy. As his pain continued, Mr. Thorsen returned to see Dr. Turnbaugh several times more. On December 14, 1994, Dr. Turnbaugh placed Mr. Thorsen on a "no work" order and referred him to Dr. Allen.
On January 6, 1995, Mr. Thorsen first saw Dr. Allen, who diagnosed a partially ruptured biceps muscle. Dr. Allen kept Mr. Thorsen off of work and referred him to additional physical therapy. The pain and discomfort in his arm lingered despite the therapy and conservative treatment, so Dr. Allen referred him to a specialist. Sachs' workers' compensation insurer, which furnished a nurse to assist Mr. Thorsen with attendance at appointments and to monitor his progress, then stepped in. Rather than the specialist recommended by Dr.
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